Interim council tax rent increase HA 1988 s. 14A
HA 1988 s. 14A allowed landlords to serve notice before 31st March 1994 to raise assured tenancy rent to cover council tax liabilities.
In any case where— under Part I of the Local Government Finance Act 1992 the landlord of a dwelling-house let under an assured tenancy to which section 13 above applies or a superior landlord is liable to pay council tax in respect of a dwelling (within the meaning of that Part of that Act) which includes that dwelling-house, under the terms of the tenancy (or an agreement collateral to the tenancy) the tenant is liable to make payments to the landlord in respect of council tax, the case falls within subsection (2) or subsection (3) below, and no previous notice under this subsection has been served in relation to the dwelling-house, the landlord may serve on the tenant a notice in the prescribed form proposing an increased rent to take account of the tenant’s liability to make payments to the landlord in respect of council tax, such increased rent to take effect at the beginning of a new period of the tenancy specified in the notice being a period beginning not earlier than one month after the date on which the notice was served. The case falls within this subsection if— the rent under the tenancy has previously been increased by virtue of a notice under section 13(2) above or a determination under section 14 above, and the first anniversary of the date on which the increased rent took effect has not yet occurred. The case falls within this subsection if a notice has been served under section 13(2) above before 1st April 1993 but no increased rent has taken effect before that date. No notice may be served under subsection (1) above after 31st March 1994. Where a notice is served under subsection (1) above, the new rent specified in the notice shall take effect as mentioned in the notice unless, before the beginning of the new period specified in the notice— the tenant by an application in the prescribed form refers the notice to the appropriate tribunal , or the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied. Nothing in this section (or in section 14B below) affects the right of the landlord and the tenant under an assured tenancy to vary by agreement any term of the tenancy (including a term relating to rent).
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 14A was a transitional rule in the Housing Act 1988. It allowed a landlord of an assured periodic tenancy to serve a notice proposing an increased rent to reflect the landlord's council tax liability under Part 1 of the Local Government Finance Act 1992 where the tenant was liable under the tenancy terms to reimburse the landlord.
This option applied if the rent had previously been increased under section 13(2) or section 14 and the 1st anniversary of that increase had not yet passed, or if a section 13(2) notice was served before 1st April 1993 but no increase took effect before that date.
No notice could be served under subsection 1 after 31st March 1994. If served in time, the increased rent took effect automatically unless the tenant referred the notice to a tribunal or agreed a different variation with the landlord.
When it applies
- A landlord liable for council tax under Part 1 of the Local Government Finance Act 1992 served a notice proposing an increased rent before 31st March 1994.
- A tenant received a section 13(2) notice before 1st April 1993 that had not taken effect before that date, triggering an interim increase notice under subsection 3.
- A tenant referred a section 14A rent increase notice to a tribunal before the new tenancy period began.
What this section does not say
- Rent increase notices served after 31st March 1994, which fall under standard rent variation rules under section 13.
- Tribunal determinations of open-market rent, which are covered by section 14.
- Interim tribunal rent determinations, which are governed by section 14B.
Related sections
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This page reproduces the text of HA 1988 s. 14A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.